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HomeMy WebLinkAboutM072071July 20, 1971 STATE OF CALIFOR~(IA ) SS, CD"tT~iT7 OF BUTTE ) The Board of 5upexvisors met at 9000 a.m. pursuant to adjournment. Present: Supervisors Gilman, Madigan,Nlaxon, and Chairman Reynolds. Clifton Mickelson, Administrative Officer, Daniel Blackstock, County Counsel, a:ad Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisox.'s Clerk. IN'+T~ATION: Captain Bill Phillips, T.he Salvation Army, Chico Pledge of allegiance to the Flag of the United States of America 71=•1432 SUE.ERVIROR. MG KITI.OP EXGUSE;D_ On. mo!~on of Snperv_j, o-r Gilman, seconded by Supervisor Maxon and cax'ried Supervisor McKillop's absence wadexcused. 71-1433 APPROVAL OF MINUTES On motion of Supervisor Gilman, seconded. by,Supervisor-Madigan and carried, the minutes of July 13; 1971 were a.ppx'oved as mailed. 71-431+ C`OMNfe7NICATIONS Charles and Virginia Roller, Glenn, California. The Rollers send copy of O G'+S~ letter to G7.enn County Hoard of Supervisors objecting to the formation of the Reclamation District which includes the Parrott Grant and objecting to the building of levies on either-side of the Sacramento Riven. 7.nformation. Bank of America. Marz Garcia, assistant tax counsel, sends official request for refund of $80.$.5 paid in documentary tax stamps during the period November 10, 1969 to December 31, 1970. A copy of Attorney General's Opinion No. 71-~41 is included supporting the Bar~k9s request, Refer to County Counsel. City of Chico. Mayor Nichols acknowledges communications from the Board of J po,~1~ Supervisors. Information. City of Biggs. The Gity advises that they are interested in participating bo ~ J in the expansion of the Region-III, CCCJ si:aff to include a planner. Information. Region IIl"", CCCJ. Chairman Larry Gillick sends copy of proposed bylaws and ~ Z , D v suggested resolution for adoption by participating .agencies approving bylaws. Information. Administrative Officer explained this correspondence, State Division of Veteran Services. The DV5 sends communication .and proposed O ~ p resolution which is adopted annually by Board caver'ing state subvention to Veterans Service program and authorization for executing documents. See motion following communications. State Fish and Game Commission. The Commission sends minutes of meeting of April 30 held in Redding. An interesting action taken. was the approval `'~ ~ p,0 J of a request by the California Biological Supply Company for permit to take frogs for scientific and biological institutions. Discussed. Administrative Officer reported on his call in this matter. State Fish and Game Commission. Sends notice of meeting to be held July 30 at Tahoe City. One item of consideration-will be the request by Placer County to place a five year ban on commercial tagging of frogs in Placer County. Administrative Office sent a similar request to the Commission last week. Supex'visor Maxon suggested that Gene Mercer represent the County at this meeting. Administrative Officer will disaass this with Mr. Mercer. Page 486. Jul y, 20, 1971 ~rf _. ~~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Julg 20,, ..1971= _ = _ _ = _ _ _ _ _ _ _ _ _ _ _ _ State Board of Education. Superintendent Wilson Riles.sends Board's resolution a p -approving the recommendation of the County Committee on Schools to ~-~. amend the existing master plan for the formation of a unified school district comprising the area of Gridley Union-High School District and a similar amendment comprising .the area. of the Oroville Union High School District. Information only. State Assembly. Assemblyman Z'Berg sends copy of AB .2435. This.bill, known ~ as the California Local Recreation Fund Bi11, would grobide approximately 0 p,z $100 million dollars for state and local recreation. Butte County ~ -would receive approximately $125,000. Information only. State Department of Navigation and Ocean Development. The boating safety program measure sends information concerning financial aid for boating safety, education and enforcement. Referred to Administrative Officer. He will review, matter with the Sheriff°s Department. State Reclamation Board. A. E. McCollam advises that a.public hearing on the S g' Feather River Floodway-will be held July 23 at 10 a.m. in-the Butte / d ~' County Board of Supervisors room. Information 5~ate Division of Highways. District Engineer W. L. Warren acknowledges Board's letter expressing concern over the possible deletion of Route 162 from /©~ ~ 0 Route 70 to Foreman Creek and the suggestion that a connection .be made `l between this extension to the proposed Route No. 4399 in Yuba County. Information. County Supervisors Association of California. Jack Merelman invites Butte County's Board of Supervisors and Administrative Officer to a .luncheon Thursday, Jul y, 22 at the Senator Hotel in.Sacramento to .meet the Congressional Revenue Sharing Task Force. Information. Referred to Administrative Officer. County of Kern. Sends resolution opposing AB .515 and any other-bill which ~ o ~, O S' would mandate the establishment of multi county area planning organizations. Information. County of Riverside. bends resolution endorsing the philosophy of utilizing- o a © S the talents and skills o£ senior citizens in every way possible. Information. Paradise Fire Protection District. Appreciation expressed to the Board for-the / O Z Z/ consideration in granting .the sa]:.es tax subvention. - Paradise Grange ~k490. Resolution opposing redistricting Butte County Supervisorial Districts. Read and discussed. No action taken. Mrs. Howard Vivian Conn. Request to have a permit issued to place a mobile home rr 3 ~ ~ on her property to be used by her age9 mother, Mrs.-Lucy J.-Edgar. I Read and discussed. Referred to Planni;ng.Commission for their consideration. 71-1435 MATTERS PRESENTED BY BOARD MEMBERS Supervisor Maxon stated that C1ay,Castleberry, Director of Public Works, had been denied access. to Lime Saddle and that he, also, has been denied access. .Supervisor Maxon suggested that a poster be placed at the entrance booth stating that authorized persons will be allowed access to the property. Discussed. No action. Supervisor Maxon said he had talked to Captain Flamm about the trucks hauling rocks to the Paradise Pines .development. There are many violations being issued; he feels that there is going to.,be a serious accident in this area if something isn't done about the careless operation of the trucks. Clif Mickelson, Administrative Officer, was requested to call Captain-Flamm and Teichert & Sons and Butte Creek Rock and request that the trucks slow .down. -Page 487. July- 20, 7.971. .~.'. _ July 20, 1971 71-1436 ADOPT.-RESOLITTION 71-145 DESIGNATING COUNTY ADMINISTRATl"UE OFFICER A5 PERSON TO'SIGN,SPPLICATIONS F,OR REIMBURSEMENTo VETERAN SERVICES Oa.motion of Supervisor Madigan, seconded byrSupervisor Gilman and carried, Resolution 71-145 designating County Administrative Officer as person who would sign .applications for reimbursement for state subvention to Veterans Service program and the Chairman was authorized to sign .the Rresolution.~ 71-1437 APPROVE PUBLIC WORKS ITEMS On .motion of Supervisor Maxon, seconded by Supervisor Madigan and carried, the Board took the following .action on .Public Works items: 1. Established work orders .and authorized commencement on following budge*_ed p,rojects: (a) Louis and Montana Avenues-add base and chip seal- $12,000; (b)_ Lone Tree Road,~Wyman Ravine to one mile north - $15,000; and (c) Wahoo Avenue - $3,000. 2. Authorized purchase-from subdivision inspection-fund of materials testing.ecyuipmerat and reduced. $ublic Works engineering.and administration overtime budget by $2,825. 3... Approved Change Orders No. 5, 6 and 7, Hillcrest Avenue, Canyon Drive and A1€nond Avenue, Contract No. 27554-70,-1: as follows and authorized the Chairman to sign: (a) CCO ~k5 in the increasing-amount of $370.5b for lowering of footings for the Canyon Drive Bridge 0.5 feet to more stable rock. (b) CCO ~kb in the increasing .amount of $2,335.59 for furnishing and placing pit .run .material in areas of unsuitable excavation. (c) CC0 ~~7 in the increasing amount of $429.50 for placing County furnished performated metal pipe and backfilling with permeable material.- 4. Approved Change Order No. 7, Paradise Pines Assessment District Units land 2 far revising,Fremont and Coulter.intersections with Skyway, in the increasing amount of $1,600 end authorized the Chairman to sign. 5. Approved. agreements for sale for right of way-acquisition .and authorized the Chairman to sign, for the following: East Avenue G. E. .Koch .0.019 ac $311 No Impr. $311 " " J. 0. Blevins .0.012 ac 232 No Impr. 232 Foothill Boulevard R.. D. Gresham 0.267 ac - - - Exchange -- Forbestown Road L. A, Ames :0.62 ac 496 No Impr. .496 Magalia-Nimshew Road H. S. Holmboe 0.494 ac -390 No Tmpr. 390 6. Accepted deeds from Venus P. Quiring and Barbara J. Quiring, for Parcel 8, right of way acquisition, Manzanita Avenue Extension (56212-70-1) and authorized the Chairman to sign the certificates of acceptance. 7. Accepted the work of Robinson Construction Co. for reconstruction of: (1) Hillcrest Avenue from Olive Highway to 600 feet.'east of Riverview Drive (2) -Canyon Drive from Olive Highway to Solana Avenue; and (3) Almond Avenue from Canyon-.Drive .ta 340 .feet.-.west .of "Hillcrest .Avenue,;, the _C.haixman was authorized to sign .the Notice of Completion and th.e Clerk-was instructed to,record the Notice of Completion-with the County itecorder. 71-1438 AUTHORIZE ACQUISITION OF SMALL PARCEL OF LAND: CITY-COUNTY COOPERATIVE PROJECT BRUCE ROAD) Public Worksreported that-Bruce Road between~E..Sth and the Freeway is planned for construction by the subdivider with.90% on-his property. _ Page 488. July: 20, 1971 -______~______===-~uly_2Qs_7.471~~ W ______________ Clay Castleberry9 Director of Public Works, felt that it would be in order to purchase the two small parcels.of property, upon .the .posting of a guarantee that Bruce Road will be constructed. Mr. Castleberry stated that the developer would have to pay for the connection ta.the-f'r'eeway. He said the bond should be posted for the: physical construction of Bruce Road. Recommendation of Public Works. discussed. It was moved by Supez'visor Maxon, seconded by Supervisor Gilman and carried, that authorization to acquire a small parcel of land from the adjacent property owner for the Bruce Road project extension-•be granted, upon the posting of the bond guaranteeing the physicial construction of the ltaad. 71-1439 ADOPT RESOLUTION 71-146 GI'V'ING NOT.l'CE OE INTENTION TO ABANDON A PORTION O:E` A .PUBLIC HIGHWAY (HEARING SET E'OR AUGUST 10 1971) On .motion of Supervisor. Gilman, seconded by Supervisor Madigan .and carried, 'Resolution._71-146 giving notice of intention to abandon.a portion of a public highway (unused portion of Sacramento Street and Hamilton-Nord Road in the torn of _Nord) was adopted, Augustl0, 1971 at 11000 a.m. set as time for hearing and.the Chairman was authorized to sign. 71-144a ~UT'iIORIT.~ITION GRANTED. TO PROCEED WITH CONSTR(TCTIONa PARADISE -PINES ASSESSMENT DISTRICT UNITS 4 and 8 Mr. Castleberry reported that Larwin Construction Company has requested authorizatian to proceed with construction prior to sale of bonds and money .being deposited in the County Treasury for Paradise Pines Assessment District Units 4 and 8. Mr'. Castleberry stated that the clearing has been completed, .anal he ,felt it would be in order to authorize-them to proceed with the work. Request discussed. On motion of Supervisor Maxon, seconded by,Supervisor Madigan and carried, authmrization to proceed with construction of Paradise Pines Assessment District Units 4 and 8, prior to the sale of bonds and money being deposited in the County Treasury was granted, subject to approval of County Counsel and the guarantee that there will be no liability. to the County. in this matter. 71-1441 PKESENTATION 0£` PROPOSED RECLAMATION DISTRICT-MAP G1ay Gastleberry, Director of Public Works, presented the proposed Reclamation District map showing lands in Butte County requesting .exclusion. Boundaries of the district set out and discussed. Glenn County.-has requested Mr. Gastleberry:to look at the property requesting to be excluded from the district. Mr, Castleberry asked if the Board .had any instructions for him concerning this proposed district. He was .told to use his good judgment. A hearing is.set for July. 27th to discuss this district.- Dan Blackstock, County Counsel, asked if the-Board could take the position .that because there has been no official designated property, could the bounty request a detailed report on the property to be, included in the district. He asked that from an engineer°s stand point' could the County object to this matter until a ,detailed plan is_filed. It was felt that there should be something to show where the area of water will flow. Mr. Castleberry said he would go look at the area and will attempt to have the information required by County Counsel. The hearing on the 27th of July will be to consider the inclusion and exclusion of groperty to the district. Matter discussed; no action taken.at this time. Page 489. July.2.0, x.971 - _ ~. _ _ _ _ _ _ _ _ _ _ July_20,_1971 _ _ _ _ _ 71-1442 RRPO$`t ON PAVING O'4ER.7~E1'v' CONTRACT iSIDS~ AWARD OF BTD TO BUTTE CREEK ROCK Clay Castleberry, Director of Public Works, reported on the paving overlay COAtY`aCt bids. The bids were opened in the Public Works Department offices. Mr. Castleberry recommended that the bid be awarded to Butte Creek Rock in the amount of $49,848.00. On motion of Superv.i.sor Maxon, seconded by Supervisor Gilman .and carried, the bid of Butte Creek 12ock Company in the amount of $49;848 for the paving overlay project was accepted, the ChaiYman was authorized to sign, subject to budgetary approval. 71-1443 DTSCUSSIONo REPORm UN ORD RANCH AUCTIONYARD DEMOLTTION The Public Works Director reported that tine Ord Ranch Auction Yard demolition Cann©t be awarded immediately pending tx•arasfer of deed .from Division of Highways. MY, Castleberry said he hoped to award the bid next Tuesday. Mr. Castleberry said that Miss Robinson has retained an Oakland attorney to. i speak for.'. her at the meeting to be held Friday. Project discussed; no action taken at. this time. 71~-1444 APPEARANCE; PRESENTA,`.PPON BY JAMES W. TrTANSON,,-_OROV2LLE., FOR BC7'PTE..COUNTY_MINERS Mr.. James •W.:.Hanson, Oroville, presented written copies of a presentation by the Butte Gourity miners. The Plumas County Board of Supervisors ha~~ adopted a resolution. •,o~pposing the permit fees..pz~ explosive-s,-which was' recentl'yacted by the California Legislature. Mr. Hanson said he was requesting that this Board adopt a similar resolution as that which-was passed by the Plumas County Board of Supervisors. County Counsel was requested to research the matter and will prepare a resolution for the Board's consideration. 71-1445 APPEARANCES ED :~ALKENSTEIN, PARADISE-MOBILE HOME SITiJATTON AND OPPOSI'XION TO THE SUPERVISORSTAL REDISTRICTING OF PARADISE Ed Falkenstein, Paradise, thanke3 the Board for their consideration of Mrs. Hilke's request concerning the mobile home situation. He urged the Board to considex• action in this matter. He said he also opposed the division of :Paradise on the redistricting of the Supervisorial districts. He presented a map. showing a proposed redistricting plan of the supervisorial districts. He-felt that Chico proper should be a district; Paradise should be a district; Thermalito and Oroville should be a district. Then there should be a district for the northern .part of the coupty and another district for the southern part of the county. He was told that the County has requested a copy of the Supreme Court decision about re-districting concerning-the New York case. Suggestion discussed; no action taken. 71-1446 AP_P_EARANG~a •MRoGEORGE HARGETT, PARADIS~~ DIVISION .OF PROPERTY-VALLEY. VIEW: DRIVE Mr,-George Hargett, l~ax'adise, stated he had received a letter stating that the division.of some property on Valley View Drive, Paradise, had been turned down because of the-width of the road. 'Phis was denied by the Board of Supervisors at last week's meeting. Mr. Hargett explained his request. The 25° access would service 3 Iots. He was told that the Board felt. that until the service area was formed in that area, there should be no,more lot splits approved. Lot ,dvision discussed; no action taken. RECESSo 10x25 RECONVENEDs 10035 Page 490. July,-20,.1971 f July.20, 1971 77.-1447 APl'FaAR61vCE OF L. J. AII~N'S ~ NORMAN.POLIC.9 PARADISE Mr. L. J. Aikens and Mr. Norma _n.Pe1'k, Paradise9 appeared concerning a development on.Maxweli Drive9 Paradise. Mr. Aikens stated that it togk about 6 wee'k_s to have their plans processed-by the building department and then it. took about two weeks to do the work on the property that should have taken 2 days. Mro 2,ike~ said the permit was approved by the County; they staked the area for the. curbs and gutters. They then found that the engineer, Mr. Hamby, had made some mistakes and the lines had to-be moved back. Mr. Aikens explained th.e problems involved in this matter. He presented pictures of the work that has beer, done in the area, He said he would Like td~ave Mr..Gastleberr°y review the road bed and the area in ques+_ion. He said he felt this developer was being per~alized.by being required to put in sidewalks and-curbs and gutters. Mr. Castleberry said that Mr. Aikens had not contacted him. He said *_here were several errors in the plans that had been. given to the Gounty. This present developmer,T~ is a multiple development; changed from a single family development. Mr. Castleberry paid he would be happy. to give the :Board a report on what it would cost to set grades in "these developments. The Board requested that Mr, Gastlebez•ry make a report o_n. the matter. No actioo, taken at this time. 71~.1448_APPEARANCE^ MRS,..TULT.A SHULTZ, OR.OVILLE Mra> Jvlia Shultz, Oroville (Lower Wyandotte Road} said she has been trying to obtain a use permit to place a mobile home on her. five acres on .Lower Wyandotte Road. Fire destroyed .her home and she does not have the money to rebuild at this time. Her attorney did not file an appeal of the Planning Commission„"s decision in time. Mrs. Shultz explained her requesty she said she would like to rezone her property. She said she has had a trailer camper on .her property for 12 years. Dan B1aclGSto:;k, Gounty Counsel,-stated that the mat"ter-would "have to be reviewed to determine whether she has had a non-conforming use on her property. He will talk with Mrs. Shultz. No action t~kep at this time. 71~-1449 DLSCUSSIONa CO~T'IRAGT BETWEEN CO'UNTX OF BU':T'~ AND STATE DIVISION OE' COMMUN:C`I`X SERVrCE5_ FOR._MEi~'TAL_HEAL'IH_ SERVICES Dr, Maguire and Ed Robinson spoke [o "the Board concerning the impact on Butte County of Assembly Bill 1640 which requires that the County perform certain coaamunity mental health services and the mandate that is being brought against tJ:~e County. to utilize the State CSD employees to perform this function. Mro Robinson stated he has talked to a field representative on this matter. He has checked on the situation, He said he keeps receiving xevised costs for these services. He said that no one was willing.to put any of this in writing. He explained the px'ogram. ]:t is a closed end fund. He said if the State wasy for example9 $509000 short on this program, they would-hold back funds from other programs. They would be spending money that the County does no*_ have. Mr. Robinson said he would recommend that the Board think carefully Page 491. July. 20, 1971 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _J~1~ 2.0~ 1921= _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - ~ befox'e contracting with an agency that the County has no control over. Dr. Maguire explained the costs for care of these persons ,wha have a mental problem. Chairman Reynolds said he would riot 1i.ke to renew the contract and even if 'the costs were higher9 the County would have more control over the program. Clif Nickelson, Administx'ati.ve Officer, stated he had talked to Mr. Middlebrook about this program, 'Phe county would have to pay for the past sex°vice that the County received, 'The County is bound co use the CSC services. Dr. Maguire spoke on the matter. He said he was having a problem in developing-in~pa.tient services, He said one real advantage of the contract is that fami7.y care beds are available. -Costs fox• the program discussed. General .Assistance funds would be used for payment of some of the costs. Mr. Robinson stated that the County was mandated to give certain services. Time spent discussing the contract and the services given, undex• the program. It was moved 'by Supervisor Reynolds, seconded by Supervisor Maacon and carried that at this time this Board elects not to enter into tha agreement that is dated June 28, 1911 pertaining to the Implementation of Assembly Bill 1640,, and that the :board requesW's information of whether or not failure to enter into this agx.'eemert will affect conformity with the Welfare requirements. Mr'..-Lee McCarty, of the Gommuaity Sex°vices Aivision-Psychiatric Social Service:s~ said he had worked for this departmene for the past. two years. He explained what they were doing for these _people. He said he would request that the Board seek to have someone from the State come up and speak to the Goun.ty on this .matter. He said this office covers seven counties. A11 11 of the employees of this department. have master degrees. This agency places the mentally ill patients that. have been released from the State hospitals into homesa He said he hoped that the County would research this matter completely. 71-1450_APPROVE CONCEPT' IN PRI_~C:LPAL FOR. FORMt?'E'lON_OP_CHICO AREA PLAt~T~kING COMMISSION Mayor Nichols of Chico spoke to the Board concernir:g-the formation of an ax'ea planning agency for the Greater Chico area. He said the direction to take worYld be to form an area planning wommission-to plan for the development for the area, There would have to be an ordinance to put a planning commission for that area into operation.Mayor Nichols said he-was present at this time to ask that the Board agree to a joint powers agreement in this matter, Appeals could be handled by the City Counwil or by the Board of Supervisors. This area piann.ing group would standarize the zoning .and the use of land within .that area, Supervisor Gilman said the thing that bothers him is that it would be people from the respective area involved that would be making decisions as to the use of the land in that area. It was stated .that this commission would be a move for clarity. It was felt that at present there is a lack of guide lines. Proposed plan discussed. It was moved by•Supervisor Madigan, seconded by Supervisor Gilman and carried that the Board approved the concept in principal for the formation of an area planning agency for the Greater Chico-area, AYESe Supervisors Gilman, Madigan .and Chairman Reynolds, NOESa Supervisor Maxon. ABSENTS Supervisor McKillop. Page 492. July, 20, 1971 i ________-_-_____=July20s 1971________________ ___ 71-1451 PUBLIC HEARING HEARING Ob'' CANCELLA'TION OE' LAND CONSERVA:~ZON' .AGREEMENT The public hearing on the cancellatior± of land oonser.vation agreement on property of Armin and Martha Speckert eon.cerning the south half of Section 2'l, Township 24 Rorth, Range 3 east, MDB&M (AP 05621-•0-049) was held as advertised.. Dan. Blackstoclc, Cointy Counsel, stated that the applicant and his attorney was present at this time. Robert Lynh.art, attorney for the applicant, said that at this time he would confine his remarks to a 1'i.mited area.. EIe said this request for cancellation of the la'n.d conservation agreement would not in any way affect any other land in this area.. He said this land was mi.sclassified and he did not feel that it was qua.li~ied-to be classified as agx'icultir.al land. . Hearirxg opened to the public. Supervisor Gilman asked if all the land that was placed in these preserves was x'eviewed by a committee before they are accepted, chairman Reynolds said he fel* the ??oard should refer this request to the Land Conservation Committee for their review and recommendation. Phil Mace, Assistant County Gouresel, said this commi+ee was set up to screen 1an.d for eligibility; they are the only ones that could screen. this appl.ication.and make a recgmmeradation as to whether the agreement should 'be cancelled. Supervisor Maxon said this should have been done a few weeks ago. Penalties on the land discussed. On motion. of Supervisor. Gilman, seconded by Supervisor~Madigan and carried„ the Land Conservation Committee will convene to study the land conservation of..9rmin and Martha ,Speckert and make their report back to the Board and that hence forth on, these requests .for cancellation of land conservati.an agreements would go to the r_ommittee before hearings are set. Hearing continued to August 3rd, 1971 at 1Io00 a,m. for the final deliberation by this Board. 71~° 1452 PUBLIC HRARING ~ APPEAL ON :i'tEE PIANNING GOMP4ISSION ~ S APPROVAL OF A .USE PERMI`I EOR. EAST AVENUE (S T, GLAIR. CONSTRUG'TxON COMPANY') The public hearing on the appea'i on the Planning Commission's approval of a use permit for East Avenue (S t. Clair Constriction Gompanyj was held as advertised. Jim Lawson, Planning Director, summarized this matter. The protestant has proposed a single family subdi~risi.on.immediately across the street from the Gehco Tractor Company. Mr. Lawson stated that the Planning Commission has scheduled public hearings for rezoning for this area. The rezoning 'wo'uld exclude the proposed use if approved by the Planning Commission. Hearing on the rezoning is scheduled for August 12th, 1971. Hearing opened to the public. Appeax'ing in favora 1-. Mr. Andy Eorrxker, attorney with the law firm of Goldstein,, Barceloux and Gold~~efn, and Ellis Carpenter. They stated that they felt this was a perfect site for the new and used.equipment sales of tractors. They could .demonstrate the equipment; there will be trees remaining on .the property that would screen .the operation. They felt ttlst this was a consistant use f or the road that is going to grow. Mx'. Fox'aker' set out the reasons for the requested use. Mr, Carpenter stated that all the land would be left as it is; the trees will be left standing .and the property will.be fenced. 2. Allan Alexander, Gwynn Avenue, Chico. ?-Te said this area lends itself to this type development. Page 493. July,20, 1971 July 20y 1971 Appearing.in opposition.o 1. FUay Mathews and Mr.. Bill St. Clair of St. Clair Construction Co. Nir. MaEthews ser. out t:heir• opposition. Tie gave the background to the matter. He set out.. the area and stated that Chico has grown toward the north. There are n.o sewers available in that area.. mhey are planning 65 homes in the $24,500 to $38y000 bracket. They said they felt it would not be a proper use for East. Ayrenue to have this tractor company build on. the suggested site. Mr. St. Clair said that the pressure for' homes ird the Chico area is ever increasing. Tiearing closed to th.e public and confined to the Board. Supervisor Maxon said he felt that some: type commercial should be pex'mitted on East Avenue. Super°vasox' Madigan. said ;hat with a public hearing to be held on August l2th, by the Planning Commissions the use permit should be denied at this time. Mr. Mace stated that the Pianni.ng Commission .had approved this use. Time spent discussing the proposed use and action i.hat should be taken at this time. On motion of Supervisor Madigan, seconded by Supervisor Maxon and carried, the hearing was cont%.nued for a.n ir~.definite tame for, deliberation, until after a finding has been made by the Planning c.ommissaon.as to whether they will rezone this area. RECESSo 12040 . RECONV'EN'ED u 'L2 0 45 71-1453 APPROi/E ORO~IZ:LLE-COi7:N'TY' L:1.BRATi~` MERGER AGB.EEMEN'I As requested by the Board, County Counsel has completed some additional revisions of the proposed agreement between Oro•viT.le and Butte County for the library merger. Dan Blackstock, County Counsel, stated that at last night"s Oroville City Covn¢;r_1 meeting, t:he City Counrcil adopted the proposed agreement that the County has sent to r•hem. the Gity has suggested a date of August 1st, 1971 to commence this agreement. Proposed agreement discussed, The problems that had...been_.brought up by the Board membersYdav.~ been resolved by County Counsel. It was stated that there are funds available to assist in the corasolidation. On motion of Supervisor Reynolds, seconded by Supervisor Gi7.man and carried, the Oroville-County library merger agreement was approved and the Chairman was authorized to sign, 71-14.54 RESCIND ACTION TAK.ET~T iAST WEEK I'0 JOIN :I:N SUIT REGARAENG WELFARE MATTER Daxc Blackstock9 County. Counsel, said he would lake fio discuss the action taken by this Board last week concerning the joining an the law suit concerning Welfare. He said this matter had been discussed at the CSAC meeting he had attended with Claf Nickelson, Administrative Officer. Tie also discussed the matter with the State legislators. Mr. Blackstock explained the situation and asked if the Board would like to reconsider the action .that they, had taken. Action discussed. Chairman Reynolds said that after finding out the areas in which they are moving, it might be smarter to fol"low County Counsel's recommendation .and not enter into a law suit. It-was suggested that maybe this Page 494, July 20, 1971 ~ . _ _ _ __~ _ _._ ~ _ _ _ _ _ _July = a = _ _ .. - _._ = W .. _ _ _ Board should adopt a resolution setting out. that if closed in budgetting is passed on for Welfare that when Butte CouYdty runs out of those funds,-then the County will no longer pick: up the tabs. The County, would meter out the balance of their funds for the rest of the year.. Situation discussed, If funds run%' out in l0 months, then it would be 'up to the County to stop and take the funds that._a~e left and factor each. payment to the recipient. It-was felt the County should.. go on record as setting out their position in the matter. All other counties should. be asked to do the same. Suggestion .discussed. On-.motion of Supervisor Maxon, seconded by Supervisor Gilman and carried, the Boax•d rescinded their action t~kera lent week concerning the joining in the suit regarding:Welfare, being Board minute item No. 71-1393. It was moved by Supervisor Maxon, secorded by Supervisor Gilman and carried .that County Counsel be requested to prepare a resolution .a long the lines suggested, namely, that if State .money for 'W'elfare rune dry, then .the County will apportion the remaining Welfare funds to the recipients. 71-1455 PRSSENTATTON OF PROCEEDIN~~Sa PARADISE PINES Tl1~TIT5 N0, i0, 11 & 15 ASSESSMENT' DISTBICT~ Bi7~TE COli3~TX Robert BrunsEll, attorney at law, presented the proceedings in connection with Paradise Pines t7nits No. 10, 11, and 15 Assessme:n.t District. The petitions for the formation of the distr•i.ct represents owners of more than sixty per cent of the property. ?'he fol.lowai.ng documents were fileds 1. Petition 2. Boundary map 3, Certificate of Engineer certifying that petitions are signed by the owners of more than. sixty per cent of the area proposed to be assessed 4. Certificate of ownership -5. Certificate of value of appraiser 6. Engineer°s esWimate of cost 7. Engineer°s reports plans ar..d specifications 8. Notice inviting.sealed bids 9. Notice of impro"cement 71w145b RESOLUTIONS 7i-147 through 71-154, PARADISE PI~'.ES 'rJNITS N0, 10, 11 &-"15 ASSESSMENT DISTRICT, BUTTE COU?°?TY', ADOPTED On motion of Supervisor Maxons seconded by Supervisor Madigan and carried, the following resolutions wer.•e adopted and the Chairman was authorized to signa Resolution 71 147 approving boundary map '" 71•-148 of preliminary determination " 71W149 authorizing execution of agreement with Sturgis, Den=bulk, Douglass & Anderson as Specie"1 Bond Counsel 71-150 authorizing execution of agreement with•The Murray-McCormick Environmental Group, as Project Engineer °` ?1-1.51 setting time and place for hearing on public convenience and necessity " 71-152 of Intention "' 71•-153 and order greliminarily adopting:Engineer°s Report, setting public hearing thereon for August 24, 1971, with bids to be received August 10, "1971 71-154 ad opting .scale of prevailing wage rates .Page 495. July, 20, 1971 ---=---------------JulY2a~ 1971---------- 71-1457 APPROVE WESTHAVEN SUBDIVISION MAP, UNITS 1 and 2, 'TENTATI"VE MAP On motion of Supervisor Maxon, seconded by Supervisor Madigan and carried, the tentative map of Westhaven Subdivision, Units 1 and.2, 66 lots, east. side of Guynn Avenue, south of East Avenue; north of Lindo Channel and west of Almo Avenue, Chico, was approved subject to the 13 condition listed in the subdiv%sion report on file. 71-1458 HEARING SETo HERMAN BYRON, E'I AL, PROPOSED REZONING FROM;"A-R" (AGRICULTURAL- RESIDENTIAL), '"C-1" (LIGHT COMt'IERCIAL) AND "A-2" LIMITED" DISTRICTS TO "R-l" -(SINGLE FAMILY RESIDENTIAL) DISTRICT A public hearing was set for August 3, 1971 at 11000 a.m. on the proposed rezoning from "A-Re (agricultural residential), "C-1° (light commercial) and "A-2 Limited" Districts '~o "lr''.-1" (single-family residential) district for property generally. described as Merrill Road, Rexdale Lane, Shay Zane, June Way and bounded on the west by the Pentz Magalia Highway, Paradise. 71-1459 GRANT. AUTHORIZATION FOR PLANNING COMMISSION 'TO HOLD FIFTH MEETING iN MONTH OF JULY 1971_ On .motion of Supervisor Madigan, seconded 6y.Sugervisor Reynolds and carried, the Planning Commission was granted authorization .to hold a fifth meeting in the month of July, 1971, to be-held July 26, 1971:. 71-1460 APPROVE ERGEPTION TO SUBDI:VISION.ORDINANCE N0, 974, D1JE TO INADEQUATE ACCESS TO.P.ARCEL OWNED BY WILLIS WARD Oa motion of Supervisor Maxon,Tseconded by Supervisor Gilman and carried, an exception to Subdivision Ordinance No. 974, due to inadequate access to. parcel owned by Willis Ward, identified as AP .55W05-04 located at 3582 Lassen Road, Paradise was approved, reducing access from 30' to 25'. 71-1461 REPEAL SCENIC HIGHWAY. ZONING ON-CLARK ROAD AND BEQUEST PLANI~IING COMMISSION TO INSTITUTE REZONING ON-CLARK ROAD Jim. Lawson, Planni~!g .Director, stated that they had an inconsistency inaction taken by Planning Commission,®n application of Mr. Heinke, Clarlc Road, Paradise. The Planning.Commission felt there had_been an amendment to Scenic Highway Ordinance No. 913, which deleted Clark Road from the scenic highway zoning, for that section. north of the P.I.D, boundary line. Mr. Lawson .stated that study, has'been made by hia office, the Clerk's office and by County Counsel and they have been unable to uncover such an amendment to this ordinance. Mr. Heinke desires to build a new warehouse on his property on Clark Road and it cannot be done with this present zoning. Phil Mace, Assistant County Cbunsel, stated that the scenic highway. zoning is very restrictive, Mr. Mace said the Board could requestche Planning Commission to institute rezoning on the Clark Road at the designated area. ~S Situation.discussed. It was moved by Supervisor Maxon, seconded by Supervisor Madigan .and carried that the Scenic Highway. zoning on Clark Road be repealed and that Planning-Commission be requested co institute rezoning of Clark Road from north of the Paradise Irrigation District boundax•y line. Page 496. July 20 , 1971 - - - - - - - - - - - - - - - - - -.7u1 v: 20g .1971_ 71-1462 DlSGFJSSIONa PL,_gNN1NG COMMISSION' MATTERS Supervisflx Maxon questioned 1"k'.1,aWSOn about the action. taken. last week on the de~iat o€ the exception for property on y'a~11ey View Drive. Supervisor Maxon said. the. man would be using the land for. its, best. use$ he said this would be granting, egress to one parcel of prpperty'S Supervisor Gilman. said he would bs willing to go up and look at the ,property. `Supervisor 'Maxon. said he would l.zlce to have the Board members anal .7}m Lawson look at the property in question. No action taken at this time. Discussed the request to place a mobile home. on property f.or mother of owner co reside in. Gommuni.cation has been received requesting this action. Discussed; .matter to be discussed at a later date. 71-1463 A~JTHORIZE LET`IER TO BE WR:IT`I'EiV RFQUES`P;CNG PAGIFIG FIRE RATING :BUREAU TO REVIEW NORTfi GHICO AREAe COUNTY SERVICE (AREA ~k35 Ranger Jerry~Letson spokeTto the Boax•d concerning the request received. last week to review the fir.'e rating in North Chico area. 'fie ;Mated. that this subject relates back to the fire hydrant service area that was formed, Mr, Letson set out the 'bai:lcground of this mater. It had been fell: that with the forming of the service area that a zone regrading would be given. to the North Chico area, and that the fire insurance rates-would be lowered. Mr. Letson said __t hat he called the Fire Rating,Bureau and asked if Y_hey would be able to only look at the specific area in question and they assured him that this could be done. Prior' to this time they had told the County-that they were low in. man po'wer'. With the formation of the district and the man power increased-by-the volunteer firemen, he feels the Bureau would be more favorable co the County. On motion of Supervisor Madigan, seconded by. Supervisor Maxon.-and carried, Ranger Letson was authorized to askr_he Fire Rating Bureau for a survey of County Service .Area #35 and that a leti:er be written to this effect. Mr. Letson said chat in regard, to the Ize11y Ridge area east of Oroville, he would like to sit down with representatives of Oroville Wyandotte Irrigation District and discuss the situation, Maybe a service area should be formed in that area. He will discuss the matter with Supervisor McKillop. No action at this tiffie. 71-•1464 APPROVE CHANUE ORDER N0,__1_.,__SL"TPERIOR.CO'URT GONSTRUCTlON On motion. of Supervisor Maxon, seconded by Supervisor Gilman.and carriedy construction change order No. 1 to remove and replace unsuitable materials in the roadway, change cut of slopes and dx'ainage in roadway, and modification and extension of an existing manhole co the new roadway elevation, was approved.at a total cost of $5,028.98, ar,d the Chairman was authorizedro sign. 71~-1465 BUDGET '£RANSFERS APPROY'ED On motion of Supervisor Madigan, seconded by Sugervisor Gilman. acRd carried, the following budget transfers were agproveds B-199 County service Area ~1k34 (tsridley Swimming Pool) transfer of revenue donated by Gridley Pheasant Hunting .Area to pay Board approved expenditures and clearing indebtedness of this-area B-200 'Various Departments ,546,755.68 to cover salary increase from salary savings to clear 1970-71 fiscal year Page 497. 3u1y,20, 1971 July. 20, 1971 B°201 Employee Bersefits $28,378.70 to health insurance from retirement, social secux'ity and contingency:to clear fiscal year 8-202 Superior Court N $3.3,665.50 increasing professional and specialized services and office expense from jury and witness, transpo~•tation .and travel, B'.A. equipment and corbtingencies to clear fiscal year BW20.3 Superior Court'- $4,619.42 to court repartees to cover cost of pro-tem-court reporters from Prof. &-Spec. Services 71W 1466 ADOPT RESOLY.ST:LON 71° 1.55 ES'.1'ABLTSHTNG A RE-t.70Lt7ING Ft']ND FOR `THE Bi1T`TE CO. FAIR On,motion of Super°visor Reynolds seconded by Supervisor' Maxon.and carried, Resolution 71-155 establishing a revolving fund for the Butte County Fair was adopted and the Chair.•man was authorized tcj-sign. 71W1467 APPROVE SELECTION OF PEOPLE TO HELP MR. GASTLEBERRY ON SELECTION OF A TRANSFER~STATZON.TN;PARAD7SE Ou.motion o~ Supervisor Maxon, seconded by Supervisor Gilman and car'ri.ed, the following persons were selected to help Mr. Castleberry on the selection .of a trar..~sfer station in. Paradises 1. Howard Hamor 2. Bd Fal~Censtein 3. Richard R_ypkema 7I-14.68 .APPROVE APPOINT'N~NTS TO CO'i1NT~' OROVILLE REGRRA'T:LON •COMMITTEE On motion of Supervisar Maxon, seconded by Supervisor Reynolds and carried, the following persons were appoi.n.ted to the County Lake Oroville Recreation Committees 1. Norman (Buuzz) Roberts - Selected "by Supervisor McKillop 2. Charles (Buzz) Huntington 3. Dudley Kennedy " " Supervisor Maxon RECESSs The. Board recessed at 1..50 to .hold as executive session RECONVENEDs The Board recon.ven.ed at 2x00 p.m. foilowf.ng_an executive session. 71~-I469 APPOINTMENTS TO_L_AW.L~:ERARY BOARD OF TRT.7STEES On .motion of Supervisor Madigan, seconded by Supervisor Gilman .and carried, the following were appointed members of the Lew Library Board of Trustee s 1. Reginald Watt of Chico 2. Perry.Farmer of Oraville 71°1470 APPOINTMEN_C_TO GREATER OROV°ILL•E SEWAuE DISPOSAL AREA On .motion of Supervisor Maxon, seconded by Supervisor Gilman and carried, Arthur "Ollie" Lindberg of Richvale was appointed a member, of the. Greater Oroville Sewage-Disposal Area, his appointment-being the fourth. .member appo.inted._by this Board of Supervisors. 71-2471_DISC'USSIOl~s PROPOSED WELFARE PROGRAM_AT.THE FEDERAL. LEVEL .Supervisor Maxon stated that this Board should reiterate their opposition to the proposed Welfare program at the E'eder.al level. This concern President Nixon."s proposed L~elfare program. County Counsel was requested to Page 498. July 20,,1971 -~ 1 ___-__«__-_-__-~==Jul:~zo~ig:~1~~===_____________ draft a resolution concerning '[his matter. 71°1472 CONGRESSMAN ,?O1L~FSO~i"S BILL COSH?CERN;L_~TG AD~I;~',T.TON~:L IAW ENE'ORCR~~?'T HEAP IN NATIONAL FORESTS Chairman Reynolds stated that he had received a letter from Congressman Johnson stated that the bill the.t he had introduced into Gon.gress about law enforcement receiving additional h.e1p in the National Forests had passed the Rouse. Letters had been sent to Senators Tunney and Cranston concerning this mattery suggested that s letter be sent to them praising the House for passing this bill and state that th.e County hopes that they will. give a favorable vote to the bill. Clif Ma.ckelson, Administrative Officer,-was requested to write said letter. ADJOtiRNMEN'T ° There being nothing further before the Board at this time, the meeting was adjourned at 2015 P,M. to reconvene on Zuesd.ay, .?uly 27, 1971 at 9:00 a.m, ATTEST: C1ARK A, :NEI,SOb?, CO'UN'T"Y CLERK. :Board of Sup .:visors" Clerk __ ,,,,~~ Ch- an of the Bot d Page 499. July. 2O, 1971